Senate
26 November 1931

12th Parliament · 1st Session



The President (Senator the Hon. W. Kingsmill) took the chair at 3 p.m., and read prayers.

page 1909

PAPERS

The following papers wore presented : -

Arbitration (Public Service) Act - Deter minations by the Arbitrator, &c. -

No. 28 of 1931 - Fourth Division Officers Association of the Trade and Customs Department.

No. 20 of 1931 - Commonwealth Public Service Clerical Association.

No. 30 of 1931- Third Division Telegraphists and Postal Clerks Union.

Public Service Act - EighthReport on the Commonwealth Public Service by the Board of Commissioners, dated 17th November, 1931.

Transport Workers Act - Regulations amended, &c. - Statutory Rules 1931, No. 140- No. 141.

Tariff Board -Reports and ‘Recommendations -

Abrasive Papers and Cloths.

Sulphate of Magnesia.

Braids, Fringes or Edgings of Textile materials not being for attire.

Beeswax.

Wrought Slate, Slate Slabs, and Roofing Slates.

Tools of Trade.

Gas Meters.

Bookbinders’ Cloth.

Gasaliers, Electroliers, Chandeliers, Pondnnts and Brackets.

page 1909

QUESTION

MAIL CONTRACTS

Senator FOLL:
QUEENSLAND

– In any future contracts for the conveyance of overland mails, will the Government insist on the use of ample modern cool storage equipment for the transport of Queensland tropical products to the southern States on the same basis as that which is provided for in overseas mail contracts?

Senator BARNES:
Vice-President of the Executive Council · VICTORIA · ALP

– This Government will take into grave consideration the matter referred to by the honorable senator.

page 1909

NORTHERN TERRITORY POLLINGDATE

Glad you could arrange those authority have date Territory elections postponed enable country people vote as wet now in and onlysix weekly mails.

I ask the Minister representing the Minister for Home Affairs whether, in fixing the polling day for the election of a representative for the Northern Territory, regard will be paid to the facts set out in the message, as to the wet season now being on, and the long intervals between mail deliveries?

Senator DOOLEY:
Assistant Minister assisting the Minister for Works and Railways · NEW SOUTH WALES · ALP

– The Government is fully seised with the importance of the matter referred to by the right honorable senator. The question of fixing the date for an election is now receiving its consideration.

page 1909

QUESTION

AUSTRALIAN NATIONAL AIRWAYS

Senator GUTHRIE:
VICTORIA · NAT; UAP from 1931

– Will the Government give consideration to the matter of co-operating with the Australian National Airways in order to retain the valuable and efficient service which that company is now providing?

Senator BARNES:
ALP

– This Government, as long as it lasts, will keep everything going.

page 1909

QUESTION

SUPERPHOSPHATES

Senator LYNCH:
WESTERN AUSTRALIA

– I ask the Leader of the Government the following questions, without notice: - (1) Will the Government have an estimate prepared of the area of unused wheat lands in the Commonwealth, and inform the Imperial Government that that area could better be put to its full use if a cheaper supply of fertilizers were obtainable? (2) Will the Government draft a proposal for transmission to the British Government for discussion at the Imperial Conference at Ottawa on the question of writing down the capital of the phosphate works at Nauru and Ocean Island for the purpose of placing Great Britain in a more self-supporting position by means of dominion-grown grain ?

Senator BARNES:
ALP

– The honorable senator is aware that everything at the moment is in the lap of the gods, but the Government will do everything possible to pull Australia out of its difficulties.

page 1910

DISSOLUTION

Senator BARNES:
VicePresident of the Executive Council · Victoria · ALP

by leave - I desire to read the following correspondence which has passed between the Prime Minister and His Excellency the Governor-General. Under to-day’s date, the Prime Minister addressed the following communication to the Governor-General: - Your Excellency,

I beg to inform you that yesterday a motion for the adjournment of the House was carried against the Government, by a majority of five, by a combination of the Nationalist party, the Country party and the group led by Mr. Beasley.I formally advise your Excellency to granta dissolution of the House of Representatives.I may add that, the Appropriation Bill having been passed, financial provision has been made for the carrying on of the public services for the financial year.

I have the honour to be Your Excellency’s most obedient servant.

  1. H. Scullin.

The reply received from His Excellency reads -

Government House, Canberra, 26th November, 1931.

My dear Prime Minister, In acknowledging receipt of your letter of the 20th November, 1931, I have to say that, in view of the present constitutional position of the Governor -General ofa dominion, as determinedby the Imperial Conference of 1926, confirmed by that of 1930, 1 am of opinion, after careful consideration, that it is my duty in existing circumstances to accept the advice tendered by you and accordingly to grant the dissolution asked for. 1 note that parliamentary provision hasalready been made for carrying on the necessary public services.

Forthe principles upon which I act I make reference to various works by Professor Berriedale Keith, in which passages occur relating to the duty of a Governor-General in such a case as the present. In his Responsible Government in theDominions (1928),at pages 147and 148, there is a passage beginning - “Mr. King then very properly advised Lord Byng . . . “, and ending with the words “ political realities “. In his work, The Sovereignty of the British Dominions (August, 1929), I refer to pages 244-246, and especially to the passage on page 245 beginning “There is, in fact, no dominion tradition comparable . . . “, and ending “conform to British practice “. Lastly in, I believe, his latest word, Dominion Autonomy in Practice (September, 1929), there is a passage at page 5 where, after quoting the resolution of the Imperial Conference of 1926, the learned author says - “ The essential result of this pronouncement, which is inapplicable to the States or provinces, is to require the Governor-General to assimilate his official notion to that of the King in the United Kingdom. It does not mean that he is deprived ofall authority to refuse to act on ministerial advice, for, if for instance after one unsuccessful dissolution Ministers asked him to grunt another, he wouldclearly he bound to refuse thus to violate the Constitution. But it means that he should, save in extreme crises, accept the advice of Ministers, as readily us did the King in 1924, when he dissolved Parliament at the request of Mr. Ramsay MacDonald without trying to find an alternative government”.

Even apart from the practice recognized by the Imperial Conference of 1920, there are considerations in the known circumstances which tend to support the acceptance of the advice tendered to me. “They are such as the strength and relation of various parties in the House of Representatives, and the probability inany case of an early election being necessa ry .

Yours faithfully,

Isaac A. Isaacs,

Governor-General.

Senator Sir GEORGE PEARCE:

– I ask the Leader of the Government in the Senate (Senator Barnes) if that is a complete statement of the Government’s proposals with respect to the dissolution of Parliament? Is there to be an election for one-half of the Senate, and, if so, on what dale is it to be held ?

Senator BARNES:

– The Government, which has given the matter grave consideration, has, of course, to act in conformity with the law. The act imposes certain restrictions. Up to the present I have no information on the subject.

Senator DUNCAN:
NEW SOUTH WALES · NAT

– The right honorable the Prime Minister announced in another place this afternoon that an election for the Senate was to be held simultaneously with the election for another place. Why is the Leader of the Government in the Senate not kept informed of the decisions of Cabinet?

Senator BARNES:

– I donot wish to be discourteous to the right honorable the Leader of the Opposition (Senator Pearce). As I have said, the matter is rather complicated; but the action which the Government will take will be in accordance with the proper constitutional procedure.

Senator Sir GEORGE PEARCE:

– I ask the Leader of the Government in the Senate this direct question: In the event of an election for the House of Representatives being held, is it the intention to hold at the same time an election to fill the vacancies which will be created by the retirement of one-half of the members of the Senate on the 30th June next?

Senator BARNES:

– That question has been occupying the attention of the Crown Law authorities during the morning.

Senator Lawson:

– The right honorable the Prime Minister said in another place this afternoon that an election for the Senate will be held.

Senator BARNES:

– If that is the case, apparently the Prime Minister has received advice with which I have not yet been supplied.

page 1911

QUESTION

STATUTE OF WESTMINSTER

Senator BARNES:
VicePresident of the Executive Council · Victoria · ALP

. -by leave - I place on the table of the Senate for the information of honorable senators a copy of the bill to give effect to the Statute of Westminster, which is now before the Parliament of the United Kingdom. Honorable senators will note that the bill does not contain the second part of paragraph 2 of clause 4 of the resolution passed by both Houses of this Parliament in July last. These words were added to the resolution when it was before Parliament as a further assurance against any possible interference by the Commonwealth Parliament with matters solely within the authority of the States. As a still further assurance, this Parliament last month passed a further resolution, the terms of which are contained in clause 9 (2) of the bill. The Government in the United Kingdom informed the Commonwealth Government that the omission of the words to which I have referred was based upon the view that the omitted provision was fully covered by the later resolution, which was intended to be in substitution for it. In reply, the Commonwealth Government informed the Government in the United Kingdom that that was not its intention, but that in its view there was a distinction between the two provisions. Whilst both refer to legislation by the Parliament at Westminster in respect of matters within the exclusive powers of the States, the omitted words provide that the statute does not authorize a request by the Commonwealth for such legislation without the concurrence of the States, and the supplementary resolution means that a request by a State for such legislation docs not require the concurrence of the Commonwealth, where such concurrence is not required by the existing constitutional practice. The Government in the United Kingdomhas proposed that the clause be omitted for the present, and that the question of its later insertion be considered after the consultation with the States, which has been promised before the statute is brought into operation in Australia. As the Government in the United Kingdom is advised that the omission of the clause meanwhile cannot affect the rights of the States, the Commonwealth Government has acquiesced in this proposal.

page 1911

CUSTOMS TARIFF VALIDATION BILL

Bill received from the House of Representatives, and (on motion by Senator Daly) read a first time.

Motion (by Senator Barnes) proposed -

That so much of the Standing and Sessional Orders be suspended as would prevent the bill being passed through all its stages without delay.

Question resolved in the affirmative.

page 1912

TRANSPORT WORKERS ACT

Regulations- Motion to Disallow

Motion (by Senator Sir George Pearce) proposed -

That Statutory Rules 1931, No. 140, Waterside Employment Regulations, and No. 141, Waterside Workers’ Regulations, be disallowed.

Senator DALY:
Assistant Minister · South Australia · ALP

– I hope that the Senate will not agree to the motion.

Senator Sampson:

– A vain hope.

Senator DALY:

– We are about to approach the electors, and I should like the Senate, which has persistently declared that this Government has had no mandate from the people relating to this particular branch of its industrial policy, to give it an opportunity to obtain a mandate. I am also opposing the motion because I wish to show the waterside workers of this country who are their friends in this chamber. I regret that the Government has been, driven from office at a time when it was fighting to ensure decent conditions for all waterside workers during the approaching Christmas season. Senator Hoare and Senator O’Halloran know the conditions that obtain at Port Adelaide. They know that, thanks to this Government, a measure of justice has been meted out to a considerable number of deserving men at that port, irrespective of what might have happened at other ports. But the vagaries of politics have intervened, and, the Government having been defeated, we are about to appeal to the country. In the meantime, the waterside workers are to be thrown to the wolves.

Senator Reid:

– What about the volunteer workers? They were thrown to the wolves by this Government.

Senator DALY:

– We did not throw any section of our workers to the wolves.

Senator Reid:

– Nonsense!

Senator DALY:

– I am sure that all the waterside workers realize that, if they are to receive decent treatment in the future, this Government must be returned to power. I will not have it said that the voluntary waterside workers have nothing to hope for from the present Government. The members of the Waterside Workers Federation, every trade unionist, and every decent worker has our interest.

Senator Payne:

– Arc these volunteers not human beings?

Senator DALY:

– Yes, and the Government has attempted to be just towards them. Honorable senators who voted with this “ unjust “ Government on the tariff have turned against the Ministry in this matter.

Senator Guthrie:

– What a ghastly failure the Government has been in its attempt to be just!

Senator DALY:

– I have heard Senator Guthrie on the floor of this chamber praise the Government for measures introduced by it, and say that it was the first Government that had had the courage to bring down those measures. I refer to the Wheat Act, and to the Government’s action in regard to wool. No matter what section of the public the Government has to deal with, justice will be meted out. The waterside workers have suffered a temporary reverse, for we know that these regulations will be disallowed, and the waterside workers will be driven back to the level from which this Government lifted them. But it is only a temporary reverse, and their star of hope is the return of the present Government to office. If we are returned with a majority, we shall continue to regulate the conditions on the waterfront as we have done in the past, until such time as we are again turned out of office.

Senator DUNN:
New South Wales

– My colleague, Senator Rae, and I propose to vote against the motion. I do not intend to allow Senator Daly, by subtle legal phrases, to say something in this chamber which may be used shortly on the hustings to suggest that the Government and the waterside workers have been thrown to the wolves because certain action has been taken.

Senator Daly:

– I said that the waterside workers, not the Government, had been thrown to the wolves.

Senator DUNN:

– I refuse to be shouted down by the Assistant Minister (Senator Daly). By subtle means, he has attempted to attach a certain significance to the action of the Beasley group. The members of that group have stated their attitude to the waterside workers in South Australia, and we are prepared te meet Senator Daly there on common ground. If the Scullin-Theodore Govern- ment had stuck to this issue in a true working-class spirit, it would not have been forced to vacate the treasury bench, and the Leader of the Opposition (Senator Pearce) -would have had no opportunity to move the disallowance of the regulations. But, in the last eighteen months, we have had the spectacle of a cowardly, vacillating government. We members of the Lang or Beasley group, or of the Labour party of New South Wales - call it what you will - refuse to allow Senator Daly, in the dying moments of this Parliament, to get a statement into Ilansard which lie and his supporters may use with advantage when appealing to the people. The suggestion was that the members of any group had thrown the waterside workers to the wolves.

Senator Daly:

– I did not say that.

Senator DUNN:

– That is all right; but I am not going to be shouted down by you.

The PRESIDENT (Senator the Hon W Kingsmill:
WESTERN AUSTRALIA

– The honorable senator must address the Chair.

Senator DUNCAN:
NEW SOUTH WALES · NAT

– I ask you, Mr. President, to protect me from these interjections.

The PRESIDENT:

-! shall do that, but the honorable senator must cease to discuss the Government, and direct his remarks to the motion.

Senator DUNN:

– I wish to tell the Leader of the Opposition that Senator Rae and I intend to vote against the motion, and, at the same time, we protest against Senator Daly’s subtle way of putting a lawyer’s views.

Senator RAE:
New . South Wales

– Honorable senators on both sides of the chamber will readily agree with my statement that the passing and disallowance of these regulations, and the repetition of that procedure, has not been what one might term an eminently satisfactory way of dealing with the conditions on the waterfront. In fact, we tend to heap ridicule on parliamentary institutions if we cannot act in a more definite manner regarding such an important matter. The only, method by which we can have the regulations in operation for a time is by frequently passing them, and the only way in which the Opposition can thwart us, and give effect to the will of the majority of honorable senators, is by disallowing them. A game of battledore and shuttlecock has been proceeding throughout this lengthy session, and neither side can flatter itself on having discovered a satisfactory solution of this problem. While the position remains as at present, I shall vote against any disallowance of these regulations, as I have consistently done. The statement made by Senator Daly undoubtedly conveys the implication that the members of my group, who had some hand in bringing about the present crisis, are guilty of throwing the waterside workers to the wolves. The honorable gentleman did not state that directly, but, undoubtedly, his statement contained that implication.

Senator Daly:

– The honorable gentleman has put the matter in a fairer way than his colleague.

Senator RAE:

– If the disallowance of these regulations prevents their reenactment, I believe that, finally, the result will be much more satisfactory than has been the position under the method adopted hitherto. A real Labour Government would have made it impossible for a hostile Senate to thwart it. The present Government has not displayed that courage and consistency which one would expect, considering the position it has occupied. We are confident that the vast bulk of the waterside workers, and of all other workers will be well satisfied with the part that we have played in the present crisis.

Senator DOOLEY:
New South WalesAssistant Minister · ALP

– I recognize that it is not of much use to appeal to honorable senators to reject this motion-. But I remind those who to-day profess to be the friends of the waterside workers and of other trade unionists, that they will not be able to shelve their responsibility for the position in which the waterside workers will be left. Despite Senator Dunn’s disavowal, the fact remains that the principal object of the group to which he belongs has been to bring down the Government; and in bringing down the Government the genuine waterside workers also have been brought down.

Senator Payne:

– To whom does the Minister refer as the “ genuine “ waterside workers ?

Senator DOOLEY:

– To those who have blazed the trail on the waterfront. The honorable senator holds that the genuine worker is the loyalist.

Senator PAYNE:

– The loyalist is always genuine.

Senator DOOLEY:

– We differ from that view. It is our belief that work on the waterfront has always rightfully belonged to the members of the Waterside Workers Federation, whose organization has been built up on the waterfront and who have given good service to this country. Because trouble occurs - as it always has occurred and always will occur - and in a time of .depression and unemployment there are to be found men who will accept whatever work is offering, at any wage, that is no justification for the breaking clown of this organization, which for years has fought to obtain decent conditions for its members.

Senator Sir William Glasgow:

– Its members refused to work ; they refused to obey an award of the court.

Senator DOOLEY:

– There was no question of refusing to work. If honorable senators, who protest that their hearts bleed for the men on the waterfront, were waterside workers, they would be as militant as any member of this organization, and would cherish their rights as dearly as they do in this Senate. Yet they blame the men who have blazed the trail and made it possible for the working conditions in this country to be what they are!

Senator Sir Hal Colebatch:

– They are nothing to boast about.

Senator DOOLEY:

– I admit that; but they would be much worse had our forefathers not made such sacrifices to improve them. We should not be worthy Labour representatives did we not stand up for those conditions that have been so dearly bought by the men who have gone before. Whether Senators Dunn and Rae are aware of the fact or not, they arc partly responsible for the defeat of this Government, and, consequently, for the withdrawal of these conditions from the men on the waterfront.

Senator McLachlan:

– The Government has not had the courage to do the right thing - amend the Transport Workers Act.

Senator DOOLEY:

– How much courage is needed, when one has the backing of a majority?

Senator Dunn:

– The Minister will need some courage on the hustings next week.

Senator DOOLEY:

– I am prepared to meet the honorable senator anywhere, at any time.

The PRESIDENT:

– The honorable senator must address himself to the question before the Chair.

Senator DOOLEY:

– I did not invite that interjection.

The PRESIDENT:

– The honorable senator need take no notice of it.

Senator DOOLEY:

– Am I to have interjections of that character hurled at mc, and not retaliate? Whether these honorable senators appreciate the fact or not, they are deliberately letting down the waterside workers, for whom they profess such friendship. I am reluctant to accept many of the statements that have beet made concerning the Lang group in connexion with this matter; but throughout its policy has been to bring down the present Government.

The PRESIDENT:

– I ask the honorable gentleman to respect the ruling of the Chair. The bringing down of the Government has nothing to do with the disallowance of these regulations.

Senator DOOLEY:

– I bow to your ruling, sir. But I believe that, as this Government is going out of office for the time being, it will not be possible to reenact these regulations before that event occurs.

Senator E B Johnston:

– The Minister secs the writing on the wall.

Senator DOOLEY:

– I have no fear. I am satisfied that the people will judge rightly, and return a government which cleared up the mess that was left behind by the Government of which the honorable senator was a supporter.

Senator FOLL:
Queensland

.- Any one who will take the trouble to read the policy speech of the present Prime Minister (Mr. Scullin) at the last general elections will find that that right honorable gentleman then made the definite promise to cheering crowds of waterside workers that, if his party were returned to power, it would immediately repeal the Transport Workers’ Act. That promise was echoed by every Labour candidate at that else tion. The present Government has been in power for two years, yet it has never made any attempt, in either this or another place, to repeal that act. It, and it alone, can rightly be charged with cowardice by the waterside workers, because it has not been game to stand up to the pledge that it made to them. The Government has not repealed the act and the responsibility for not attempting to repeal it rests on its leader.

Senator Dooley said that in times of industrial strife men. will come forward ;md do any old work for any old wage that is offering. I ask the honorable senator if the volunteers on the waterfront have worked for what are known as “scab” wages? These men whom honorable senators on this side of the chamber have been trying to protect for the last two years, obeyed an award of the court when members of the Waterside Workers Federation refused to do so. Men who are prepared to obey the law of the land sire entitled to the protection of Parliament, and that is all that honorable senators on this side have been trying to give to these men. At any rate, there was no justification for the sneering remark of Senator Dooley that the volunteers have endeavoured to break down the industrial conditions of Australia. They obeyed an award of the court; they worked under award conditions; they fulfilled the “letter of the law when another section of the community deliberately broke it.

Senator HOARE:
South Australia

– I can tell Senator Foll that the Government is obeying the wish of the waterside workers in refraining from attempting to repeal the Transport Workers Act. I do not know why honorable senators opposite are displaying such a vindictive spirit towards the members of the Waterside Workers Federation, particularly when these men recently declined to accede to the wishes of the Seamens Union, and go on strike. No one can dispute the fact that they are doing their work efficiently, and that peace has reigned on the waterfront for quite a long period. It is true, as Senator Foll has said, that the loyalists did not work for lower wages than were paid to the members of the Waterside Workers Federation, but if the opportunity offered theY would do so. That opportunity is not offered because the shipowners would be liable to penalties if they paid lower rates of wage than are set out in the award of the Arbitration Court. Senator Dunn says that he wants to help the waterside workers, yet he helps the Nationalist party to defeat a government which is giving preference to the members of the Waterside Workers Federation. No one who carries the banner of Labour should attempt to oust a Labour Government.

The PRESIDENT:

– The honorable senator is now making observations quite foreign to the question.

Senator HOARE:

– If the Government has power to re-enact this regulation which is disallowed, there will be no hesitation in re-enacting it, so that it will operate until after the elections. In the meantime, however, honorable senators” opposite should recognize the peaceful attitude adopted by the members of the union. At least they should give some consideration to the fact that the unionists remained at their work when the seamen asked them, to go out on strike. I am assured that the shipowners arc getting more efficient work from the unionists than from the loyalists. That is only to be expected because the unionists are practical men; the others are not. At any rate, no vessel handled by unionists has had to be unloaded and restevedored I am assured that if the shipowners had their way, they would employ none but unionists, because of their greater efficiency in the work of loading and unloading vessels.

Senator Sir George Pearce:

– If the regulation is disallowed the shipowners et! n employ whom they like.

Senator HOARE:

– I do not know what outside pressure may be used, but’ I am assured that negotiations were afoot to put the members of the Waterside Workers Federation back on their former status. That has been wiped out by the defeat of the Scullin Government. In common fairness, I think the Senate should allow these unionists to remain at work, particularly when an election is pending.

Senator LYNCH (Western Australia) [4.2”. - I do not know how many times we have had this debate repeated, but tha lines adopted on previous occasions have been followed to-day, with one or two slight diversions. On this occasion, honorable senators on the ministerial benches have indulged in some rather uncomplimentary remarks towards one another. They have been expressing about one another opinions which formerly, in unison, they expressed about -honorable senators on this side of the chamber. It would seem that the more they fall out’ among themselves, the bettor chance we have of escaping the criticism which has always been our common lot. If ever we were inclined to say anything harsh or unfriendly about honorable senators on the ministerial side, we could not do better than repeat what they have been saying about one another, but, of course, we would never dream of going that far.

We are within measurable distance of that festive season when the spirit of goodwill and amity should prevail among men, but there seems to be no inclination on the”’ part of ministerial senators to give up the old vendetta, and go the least hair’s breadth out of their way to give a chance to the other” fellow to live. The object of Senator Pearce is to ensure a share of the work on the waterfront to all who may apply, without reserving any portion of it to a favoured few. Honorable senators on the government benches, times out of number, have said that’ the words “liberty, equality, fraternity” are emblazoned on their banner. If this regulation is not disallowed, where does liberty, equality, or fraternity come in? The loyalists certainly have liberty to starve. These mcn, whom we are anxious to assist by providing them with a few days’ work, would not receive a meal if this Government had its way. This action is taken by a party that is supposed to believe in liberty, equality and fraternity. It is about time the Government dropped this humbug, this mere pretence of virtue. These regulations, which it, is now proposed to disallow, would never have been brought before this chamber had the members of the Waterside Workers Federation observed the awards of the Arbitration Court, which are an integral part of the law of this country.

This Government, of all governments, should tell the waterside workers that it is their duty, as sane and worthy citizens, to obey the law. Instead of doing that, it throws a mantle of protection around that section of the community which, instead of observing the law, has flagrantly disobeyed it. Having arrived at this peculiar state of affairs in a free democracy, it is difficult to realize what the average citizen thinks. Arbitration, which is the policy of this country, has always been strongly advocated by members of the Labour party who are now assisting those who have flagrantly disregarded it. If these men continue to break the law, the time will surely come when there will be no respect for law of any kind. I remind Senator Bae that should such an unfortunate state of affairs exist in a free democracy, the weaker element in our midst will suffer more than any other section of society. The law is calculated to secure and protect the rights of the minority - the weaker section as against the large and influential section which, in most cases, is able to protect itself. If a stage is ever reached when the lav/ is openly flouted, the weaker section will be crushed. Even at this late hour, I ask honorable senators supporting the Government to realize the position which actually exists. How many men are affected by these regulations? There are about 10,000, as compared with another 900,000 who are directly and indirectly affected. For the sake of this miserable remnant of trade unionism, Australia’s essential services have been seriously impaired. Why should the valuable time of this chamber be wasted in serving those who have flagrantly disregarded the law? History shows us that the man who brings the law into contempt, is the best friend of the tyrant. History has a habit of repeating itself, and I warn honorable senators opposite that the laws on the statute-book of this country must be observed. If this practice is to be continued, the Government will be taking the first effective step towards bringing the law into contempt, and in doing so, will be crushing the weaker section of the community which it should endeavour to protect. I support the motion.

Senator KNEEBONE:
South. Australia

– It seems rather undignified for the Senate to repeatedly disallow regulations which the Government has issued. It has been said that the Government is within its right3 in issuing regulations, and that the Senate is acting legally in disallowing them. I trust that finality will some day be reached in this matter. The action of the Leader of the Opposition (Senator Pearce), in moving to disallow these regulations, appears to be based on a promise given to those whom he terms loyalists - men who, when industrial trouble occurred, undertook work declined by those who regarded the conditions under which it was offering as objectionable. A promise was made by a certain political section to stand by those who undertook the work which should legitimately be done by the members of the Waterside Workers Federation; but when that political party appealed to the electors, its policy was not endorsed, and another Government came into power. In those circumstances, it seems that those who favour the disallowance of these regulations were relieved of their undertaking to the loyalists, the country having by an overwhelming majority decided against support being given to those whom honorable senators opposite are anxious to assist. This Government has decided to stand behind the recognized trade unions of this country. These so-called loyalists are not members of genuine trade union organizations.

Senator Reid:

– The honorable senator will support members of the federation whether they break the law or not.

Senator KNEEBONE:

– I ask Senator Lynch, who termed them law-breakers, what would have happened to the people of Ireland had they always obeyed the law. Would they have had Home Rule to-day? No one would seriously suggest that the laws which we have assisted to pass should be broken; but, when a crisis occurs men commit acts which in their calmer moments they would not attempt. Recently action has been taken in this Senate which I never though would be attempted by a Labour government; but its action was justified on the score of the existence of a national crisis. Certain industrialists on the waterfront acted in the way they did, because they were confronted with a set of conditions which they regarded as unjust; while human, nature is as it is, men will always fight against an injustice. The disallowance of these regulations will not help those whom honorable senators opposite are anxious to assist. Owing- to the general depression, shipping activities on the Australian coast are at a low ebb, particularly at Port Adelaide, where there is less work on the waterfront than there has ever been in the history of that port. When the trouble first occurred, the places of men whose only work had been on the waterfront were immediately taken hy young men from all parts of the country, who came in motor cars and on motor bicycles to do what they considered was their duty to their country. Although they thought they - were doing right, I think that their action was wrong.

Senator Payne:

– Does the honorable senator think they were doing wrong in assisting to maintain essential services?

Senator KNEEBONE:

– They were doing wrong in depriving others- of their rights. It is easy for an honorable senator, who sits on a cushioned bench in this chamber, to abuse and condemn the action of waterside workers, as Senator Lynch did, but that honorable senator should - realize that laws will be broken sometimes even by those who make them. As this may be the last opportunity I may have of speaking in the Senate, I appeal to honorable senators opposite to realize that the fes-‘ tive season is approaching, and that it is their responsibility, as well as ours, to extend goodwill toward all men. Unfortunately, owing to the conditions which exist, there is insufficient work on the waterfront for all those who are seeking it. As there are ten nien for every job that is offering, as is the case in the coalmining industry, we contend that preference should be given to those whose only work has been on the wharfs. If these regulations are disallowed, the Government may issue others, because it seems that the only way in which to restore peace on the waterfront is by giving preference to members of the Waterside Workers Federation. Some honorable senators have suggested that it is the duty of this Government to repeal the Transport Workers’ Act, and I hope that it will eventually be repealed, because such an act should not remain on the statute-book of this country. The objective of this Government has been to restore peace on the waterfront, and to act justly towards those whose duty it is to work on the wharfs, instead of giving preference to those who, in order to secure employment, have to be licensed and registered as if they were dogs. I shall vote against the disallowance of these regulations, because I believe that, apart from the legal aspect, the Government is acting in a humanitarian way and rendering the greatest sei’ vice to the greatest number.

Senator GUTHRIE:
Victoria

– I intend to support ‘this motion, which, if carried, will give the loyalists on the waterfront an opportunity to earn an honest crust for themselves, their wives, and children, who for a long time have been persecuted by this Government and by the members of Waterside Workers Federation. This Government, which pretends to believe in arbitration, is openly supporting those who have flagrantly defied an award of the Arbitration Court. The members of that federation have engineered strike after strike, and, in holding up the essential services of this Country. have seriously interfered with the despatch of perishable produce. During the war period they even declined to handle comforts intended for our soldiers- who were fighting overseas. Notwithstanding their actions, this Government i3 anxious to give them preference, and entirely to disregard those who came to the assistance of the country in its hour of need. The men whom honorable senators on this side arc anxious to protect are members of the Permanent and Casual Wharf Labourers Union, an organization registered in the Arbitration Court. The members of that organization do not believe in working for less than the recognized wage, or longer than the standard hours. They have done far more to uphold the traditions of unionism than those shirkers whom the Government is anxious to protect. The unionists for whom we are endeavouring to secure a share of the work on the waterfront so that their wives and children may enjoy some of the decencies of life, have all along obeyed the awards of the Arbitration Court, and have done their work efficiently. There has been a marked change in the conditions ever since the passing of the Transport Workers Act by the Bruce-Page Government. Ships have been worked continuously, and I am glad to say that pilfering of cargo, which had become a grave scandal, has been almost entirely eliminated. The Waterside Workers Federation, aided and abetted by this Government, had by force of brutal numbers, time after time, intimidated and persecuted members of the Permanent and Casual Waterside Workers Union. These workers had even been pursued to their homes and, in some instances, their wives and children had been terrorized. On one occasion a number of waterside workers set upon a volunteer and endeavoured to throw him under a railway train.

Senator Daly:

– The honorable senator is taking full advantage of the Standing Orders.

Senator GUTHRIE:

– I am giving reasons why I intend to support the motion moved by the Leader of the Opposition (Senator Pearce). I desire to see the volunteer workers secure some share of the work on our waterfront during this Christmas season. Ever since it came into power this Government has shown a marked preference for members of the Waterside Workers Federation who, prior to the passing of the Transport Workers Act, defied the Arbitration Court and attempted to hold up the transport services of this country. I support the motion with enthusiasm, because I believe in arbitration and in the preservation of law and order.

Question - That, the motion be agreed to - put. The Senate divided. (President - Senator Hon. W. Kingsmill.)

AYES: 21

NOES: 8

Majority . . . . 33

AYES

NOES

Question so resolved in the affirmative.

page 1919

CUSTOMS TARIFF VALIDATION BILL

Second Reading

Senator DALY (South Australia -

Assistant Minister) [4.28]. - I move -

That the bill be now read a second time.

There is no need to debate this measure. Honorable senators are aware that it is consequential upon certain action which was taken in another place yesterday. The Government is asking for the validation of its tariff proposals for a period of three months, and I may add that it is approaching the forthcoming election with that spirit of optimism which has marked its administration. It is not considered necessary to ask for the validation of the tariff for a longer period than three months, because we believe that, after the appeal to the people, we will have sufficient members in this chamber to enable us to make speedier progress in the consideration of our tariff proposals than has been possible in the last few weeks.

Senator Sir GEORGE PEARCE (Western Australia) [4.30]. - I do not intend to oppose the bill, but I should like the

Sen ate to be told officially why a definite period is mentioned in the bill. Surely, when the Government asks us to validate the collections of revenue under its tariff legislation, wo are entitled to be told why the Senate should approve of the bill. We have no official knowledge of a pending Senate election, because Ministers have not yet taken us into their confidence. In the circumstances, my inquiry as to the reasons for fixing a date is pertinent to the passing of the bill.

The PRESIDENT (Senator the” Hon W Kingsmill:
WESTERN AUSTRALIA

– The honorable senator should know that statements made in another place cannot be alluded to in the Senate.

Senator Sir GEORGE PEARCE.Why could not the Minister, when moving the second reading, have told us whether one half of the Senate is to be sent to the people? Ordinary courtesy demands that the Senate should be informed. Can the Minister now say if there is to be an election for the Senate, and. if so, when?

Senator BARNES:
VicePresident of the Executive Council · Victoria · ALP

– It is usual, in any crisis of this nature, for Parliament to grant supply to carry the Government over the period between the dissolution and the election of a new Parliament. Why, therefore, should there be any objection to this bill ?

Senator Sir George Pearce:

– We are not objecting to it. We are merely asking the reasons for its introduction, in so far as the Senate is concerned.

Senator BARNES:

– The point raised by the Leader of the Opposition has, I understand, been considered by the legal authorities.

Senator Daly:

– It has been settled that one half of the Senate will go to the country with members of the House of Representatives.

Senator BARNES:

– My colleague has been supplied with information which was not in my possession. Upon his authority I now say that one half of the Senate will go to the country.

Senator E B JOHNSTON:
Western Australia

– I desire to protest against the futility of Parliament endeavouring to exercise any control over tariff schedules that are brought down from time to time. I have been a member of the Senate for two and a half years now, and during the whole of that time I have been waiting for the opportunity to vote for a reduction of successive tariffs. This is the second occasion upon which the Senate, since my election to it, has been asked to ratify, en bloc, oppressive and burdensome tariff schedules. In the present circumstances no other course is open to us, but I protest strongly against the fact that successive governments have, from time to time, imposed heavy taxation through the customs without giving the elected representatives of the people an opportunity to express an opinion upon the various items. During every parliamentary session many legislative proposals, dealing with matters of minor importance, and which have not affected the economic life of the country, have been discussed at great length in this chamber, but we have not been permitted to deal with tariff legislation which, as we know, so seriously affects the cost of living and production costs. Always on the eve of an election Parliament is asked to swallow the entire tariff schedule without any consideration whatever.

Senator Dunn:

– Tell us about secession.

Senator E B JOHNSTON:

– The action of successive governments in requiring the Parliament to validate, without debate, these oppressive and inequitable tariff burdens is calculated to strengthen the movement for secession in some of the States, and also among primary producers throughout Australia. I realize that it is impossible to defeat this bill, but although the tariff is to he validated, I object to every increase of duty that it involves.

Senator Daly:

– The honorable senator stands for the importers as against the manufacturers.

Senator E B JOHNSTON:

– I stand for a fair deal for the primary producers and consumers, and for a proper reduction in the costs of production and living in Australia. I regret that the validation of the tariff will postpone this country’s return to prosperity for at least another three months.

Senator SAMPSON:
Tasmania

. - I little thought that I should he a party to the validation of the Forde tariff without the closest scrutiny. While apologizing for the doggerel, I wish to place on record the following lines, which indicate what I think of the tariff: -

Introducing Mr. Forde,

One anointed of the Lord,

Who brings enlightenment to us

To clear up all this tariff fuss;

Who fills us all with fiscal Joy,

Who - well, who is, in short, the boy.

Producing a tariff

For this and for that,

Just like a conjuror

Out of a hat;

Tariffs for trousers,

Tugboats and tops,

Tariffs for motors,

Mangles and mops.

Regardless of whether

For joy or utility,

Conceived and dispensed

With great versatility.

The boy who in his infant’s wail,

Wrought schemes to make a Rothschild pale;

Ruthless, pursued his great objectives (Despite the most absurd invectives):

A brand new tariff every day,

And bonuses for all who pray.

Who wants a bonus

For this or for that?

Hey presto, here it is,

Out of the hat.

A bonus for sugar,

And butter and wheat,

A bonus for wool,

And for cotton and meat,

With speed and dexterity -

Here you are brother!

Out of one pocket and into the other.

With due obeisance, Mr. Forde,

We urge you reconsult the Lord;

Your genius we do not doubt,

But wonder what it’s all about.

As valedictory, Mr. Forde,

May we just ask - “ How long, O Lord “?

The question, “How long, O Lord, how long?” will soon be answered. I have no objection to the temporary validation of the tariff for three, or even six, months, because I know that another government will soon have an opportunity of correcting the anomalies which it contains.

Senator LAWSON:
Victoria

. -I desire information from theMinister in charge of the bill, regarding the primage duty on books. Some time age I discussed the imposition of the sales tax on books, and since then the 10 per cent. primage duty has been added. Public opinion in opposition to these imposts is growing.

Senator Daly:

– On a point of order, I suggest that the honorable senator is anticipating the debate on a measure which will follow this bill.

The PRESIDENT (Senator the Hon W Kingsmill:

– If the matter mentioned by the honorable senator is not dealt with in this bill, he may not discuss it now.

Senator LAWSON:

– There is a reference to it in Clause 3. I merely wish to ask whether these validating measures will prevent the Government from considering representations on this matter and affording relief.

Senator DALY:
Assistant Minister · South Australia · ALP

– The validation of the tariff is limited to the period of three months, and, therefore, the schedule will have to be discussed within a reasonable time after the new Parliament assembles, otherwise it will lapse. That disposes of the point raised by Senator Johnston. This Government has been exceptionally anxious to have its tariff proposals placed before the Parliament. “When they reached this chamber, they were blocked on two occasions by motions for the adjournment of the Senate. Therefore,no honorable senator can complain that there has been any delay, due to government action, in discussing the tariff. Regarding the attack made on the Minister for Trade and Customs (Mr.Forde), I invite Senator Sampson to seek the opinions of the manufacturers of this country, who have worked under the present tariff.

Senator Sampson:

– I am getting them without seeking them.

Senator DALY:

– I defy contradiction of my statement that the Minister is regarded in business circles as the best Minister for Trade and Customs that Australia has had since federation.

Senator Sampson:

– From the manufacturers’ point of view.

Senator DALY:

– Exactly; the honorable senator from Tasmania has been supporting the party that stands for importers as against manufacturers. For years he sat behind the Bruce-Page Government, which flooded this country with imports. Senator Sir George Pearce. -Why not leave that subject for the election?

Senator DALY:

– We shall certainty deal with it on the hustings. Senator Sampson’s attack on the Minister for Trade and Customs-

Senator Sampson:

– I was praising him up.

Senator Sir George Pearce:

– It was a eulogy.

Senator DALY:

– We can expect only ridicule of the Minister from the Opposition side, but I invite any of his critics to study the trade balance when this Government came into power, and compare it with the trade balance to-day.

Senator Foll:

– We prefer to study the unemployment figures.

Senator DALY:

– It would have been very interesting to compare the present unemployment figures with what they would have been if Australia had continued to allow imports in at the rate prevailing during the previous Government’s term of office.

Senator Foll:

– That gives no satisfaction to the men who were promised work and did not receive it.

Senator DALY:

– The unemployed are nearer getting jobs to-day than they would have been if the Bruce-Page Government had remained in power for another two years. If the present Government can secure a majority in this chamber which will enableto carry out its full proposals, instead of being hamstrung on every occasion when it brings down measures for the relief of unemployment, it will be able to put men back to work.

Senator Herbert Hays:

-Is the Minister referring to the bank bill?

Senator DALY:

– Under the Standing Orders, I would not be permitted to discuss the Government’s financial proposals, but if the honorable senator were open to conviction, I could soon convince him that the financial proposals of the Labour movement afford the only solution of the unemployment problem in this country.

Senator Herbert Hays:

– Printing machines !

Senator DALY:

– The Labour Government will go to the country on its financial proposals.

The PRESIDENT:

– The honorable senator prefaced his remarks by saying that he knew he would not be permitted to refer to a certain matter, and then he proceeded to discuss it.

Senator DALY:

– Interjections were made which were as irrelevant as my replies to them. I would advise Senator

Sampson to study the record of the Minister for Trade and Customs, and the relation of the tariff to the trade and commerce of this country. Let him then examine his conscience, and decide whether it was worthy of him to place on record in Hansard the lines quoted by him this afternoon.

Question resolved in the affirmative.

Bill read a second time.

In committee:

Clauses 1 and 2 agreed to.

Clause 3 (Validation of collections under tariff proposals).

Senator DALY:
Assistant Minister · South Australia · ALP

– “We have been assured by our legal advisers that there is nothing to prevent the Government from issuing a proclamation relating tothe primage duty on the books referred to by Senator Lawson.

Clause agreed to.

Title agreed to.

Bill reported without requests; report adopted.

Bill read a third time.

page 1922

EXCISE TARIFF VALIDATION BILL

Bill received from the House of Representatives.

Standing and Sessional Orders suspended, and bill passed through all its stages without requests or debate.

page 1922

CUSTOMSTARIFF(PRIMAGE DUTIES) VALIDATION BILL

Bill received from the House of Representatives.

Standing and Sessional Orders suspended, and bill passed through all its stages without requests or debate.

page 1922

CUSTOMS TARIFF (SPECIAL DUTIES) VALIDATION BILL

Bill received from the House of Representatives.

Standing and Sessional Orders suspended, and bill passed through all its stages without requests or debate.

page 1922

LEAVE OF ABSENCE

Motion (by Senator Barnes) -by leave - agreed to -

That leave of absence be granted to every member of the Senate from the determination of the sitting this day to the day on which the Senate next meets.

page 1922

SPECIAL ADJOURNMENT

Day of Meeting

Motion (by Senator Barnes) proposed -

That the Senate, at its rising, adjourn till a day and hour to be fixed by the President, which time of meeting shall be notified to each senator by telegram or letter.

Senator E B JOHNSTON:
Western Australia

– I take this opportunity of reminding you, Mr. President, that there are only two trains a week from Western Australia to Canberra. On the last, and I believe on the previous, occasion whenthe Senate was called together after a recess, the day of meeting did not fit in with that time-table. There is a direct daily train service from every other mainland capital city to Canberra, and a regular steamer service from Tasmania. There is no reason thatI can assign for the Senate’s being called together on a day that involves honorable senators from Western Australia arriving in Canberra three days before the date fixed, if they are not to be one day late. We are just as much entitled as are honorable senators from other States to be placed in the position of being able to arrive on the day when the Senate meets. It is the more necessary that that should be so, since repeatedly we have found that the Government has had no business ready for the Senate to transact, and it has been necessary for us to adjourn our sittings for a week or a fortnight. I realize, of course, that when we next meet a new Government will be in charge of the affairs of this country. I trust that you, Mr. President, will see that the inconvenience to which I have alluded is avoided.

The PRESIDENT (Senator the Hon W Kingsmill:

– I remind Senator Johnston that the fixing of the day and hour for the meeting of the Senate is only theoretically in my hands. I fix whatever day and hour are requested by the Government. In every case, notice of at least fourteen days is given. Nearly all Western Australian members have a home in one of the eastern States, to which they generally proceed before coming on to Canberra. I shall, however, bear in mindthe request of the honorable senator, and shall see that as convenient a time as possible is fixed for the next meeting of the Senate,ButI also remind him that our sessional orders recognize three sitting days - Wednesday, Thursday, and Friday; and it is generally on one of those days that the Seriate meets. Honorable senators would have a decided objection to resuming on a Friday, because they would be brought here for only one day’s work.

Senator E B Johnston:

– Thursday would suit us.

The PRESIDENT:

– May I be allowed also to thank honorable senators for the kindness that they have shown to me during the session, and to wish them as pleasant a holiday as possible under the very trying circumstances in which they will be placed. Without making any of those vain prophecies which the different parties are disposed to make before an election, I hope, in all sincerity, that in every case the best man will win.

Question resolved in the affirmative.

page 1923

ADJOURNMENT

Valedictory Remarks -Work of the Senate-watersideworkers

Senator BARNES:
VicePresident of the Executive Council · Victoria · ALP

. - In moving -

That the Senate do now adjourn,

I want to express, as Leader of the Government in the Senate, my appreciation of the unfailing courtesy which you, Mr. President, have always displayed. You have certainly ruled the chamber with an iron hand - indeed, I have often wondered whether you are not Cromwell’s ghost - but you have been unfailingly fair and courteous. The officers of the Senate have been likewise unfailing in their courtesy to Ministers and in the discharge of their duties. I hope that you, sir, the officers, and the attendants will enjoy their vacation.

Senator Sir GEORGE PEARCE (Western Australia) [5.7]. - I take this opportunity, before the Senate adjourns, to thank honorable senators, particularly those on this side of the chamber, for the way in which they have co-operated in the work of the Senate. This chamber has done valuable service to Australia. That view is, however, not shared by Ministers. I have had forwarded to me a copy of the Adelong and Tumut Express, dated the 20th November. Some one has written on it,” There was no reporter at the meeting.” It contains a report of a meeting at which the Minister for Markets (Mr. Parker Moloney) delivered an address. In the course of his remarks, he said -

One of thegreat achievements in the history ofAustralia has been the successful loan conversion, which will save the Government of Australia £6,500,000 by reduced interest, and will save the other borrowers fully another £6,000,000. A new spirit of confidence pervades the land. Our primary products are bringing higher prices, particularly wheat and wool, and “ it is my opinion,” Mr. Moloney said, “ that we have at last turned the corner.” The Government’s achievements were the more meritorious because of the fact that it had a majority in only one House. The financial position had been restored in the teeth of the Senate.

When we remember that the Government measures were carried only with the help of the Opposition, and that there was only one ministerial supporter, Mr. Parker Moloney’s remark is rather humorous. But it is not so humorous as his explanation to his simple-minded electors of the double dissolution. It was as follows: -

Some people, through want of knowledge, asked why the Senate did not bring about a double dissolution when the Senate rejected their measures suchas the Central Reserve BankBill. The fact was that, before a double dissolution could be claimed, the Senate would have to reject a Government measure twice. The Senate were too cunning to give the Government any chance of getting them before the people.

That is why I say that the Government does not share my view of the value of the work done by the Senate. I believe that, as the result of the work this chamber has done during the last few years, it stands higher to-day in the estimation of the people than it has ever stood before.

Whilst I have been Leader of the Opposition in this Senate, my relations with the Leader of the Government in the Senate (Senator Barnes) and with other Ministers have been most cordial. I have received fair treatment from them, and I have endeavoured to give fair treatment to them in return. Whilst we may hit each other hard, I do not think that we part with any ill feeling. At any rate, there is none on my part.

I wish also to express my appreciation of the work done by the President, the Chairman of Committees, the officers of the Senate, and the Hansard staff, as well as the other officers in keeping the machinery of Parliament working without creaking. Finally, I desire to wish you, Mr. President, the officers of the Senate, the Hansard staff, and all the other officers a Very happy Christmas and a prosperous New Year.

Senator RAE:
NEW SOUTH WALES · ALP; LANG LAB from 1931

– I shall not try to emulate previous speakers by saying nice things - I am not built for that sort of discussion - but I wish everyone the best of good luck in the Christmas season, and I particularly wish to pay a tribute to the Hansard staff. My primary purpose in rising is to place on record a few observations in regard to some criticism levelled at me, as one of a group, by Senator Dooley.

I consider that the action that I and others have taken has been in the best interests of this country and ultimately of the Labour movement of this country in particular. I deeply regret anything that may prevent the members of the Waterside Workers Federation from getting fair and decent treatment, and I have consistently backed up the Government in its fragmentary efforts to bring about that result; but my belief is that by the action that I, along with others, have recently taken, we shall ultimately achieve a very much better condition of affairs with regard to employment generally. On. both sides honorable senators must realize that so long as there is any dispute or quarrel between two sections of the working class to get employment, there must be something very wrong with society. To-day we have one party getting a crust only by turning the other party out; there is such a deficiency of employment for the people able and willing to work that there is a continuous dispute or feud - it may even be termed a vendetta - between men in employment and men out of employment in an effort to get what work is offering. It is obvious that a state of society which sentences people to such intolerable conditions in the midst of plenty is absolutely wrong. I reiterate my belief that no permanent relief can be achieved until we utterly destroy the capitalistic system. While that system exists these struggles must continue. The workers must struggle for better conditions or against any worsening of conditions. A constant struggle is the only way in which they can keep themselves in training, as it were, to prevent their gradual subjection to a state of economic servitude. Consequently, in any measures they take, whether it means breaking the law or not, if they lead to a bettering of their conditions I shall stand behind them. So far as the Arbitration Act is concerned, the only thing that has rendered its administration -in the least degree decent is that, from time to time, persons have been game enough to flout awards of the Arbitration Court that have been flagrantly and notoriously unjust. When we talk so much, as Senator Lynch does, of the sanctified nature of law and order and of observing the law under all circumstances, I recollect that as a child I was taught to venerate as some of the greatest heroes in British history, those who had made progress possible by breaking the law.

Senator Sir GEORGE PEARCE:

– When Lord Shaftesbury brought in the great Factories Act he broke no law to do it.

Senator RAE:

– I do not say that all progress has been made by the breaking of laws, and I do not detract from what benevolent people have done by introducing legislation to ameliorate bad conditions; but in many instances, only by deliberately breaking the law have we taken a step forward and higher in the progress of human society. This veneration for law is, in my opinion, an absolute absurdity. In fact, it is worse than that. It is a pernicious superstition.

I shall be sorry if the waterside workers incidentally suffer as the result of the dissolution of Parliament, but the action I have taken, in conjunction with others, will, in my opinion, ultimately make for the better foundation and better operation of the Labour movement than has been possible in the past. We have to consider the general good of the whole Labour movement, and although a small section may incidentally suffer by our actions, the movement as a whole and the class we specially represent will, in my opinion, ultimately benefit by the action wo have taken on this occasion.

Senator CARROLL:
Western Australia

– It is not my intention to touch upon controversial matters. We are fast approaching the time when such matters must be discussed, hut it is not now. On behalf of honorable senators of the Country party, I wish to thank Ministers in charge of the Senate for the courtesy that they have always shown us, notwithstanding the vast difference, politically, that there is between us and them. According to their lights Ministers have conducted the business of the chamber very well indeed. I have the kindliest of thoughts and feelings for the officers of the Senate and for the Hansard staff, whose courtesy and help we have always appreciated. For you, Mr. President, I have nothing but admiration for the manner in which you have conducted the business of the Senate.

Senator DOOLEY:
New South WalesAssistant Minister · ALP

– As a comparatively new senator and politician, and also as a comparatively new Minister, I desire to join with other honorable senators in expressing the heartiest wishes for the best of all good things to all honorable senators during the coming festive season. I appreciate to the full the good work which has been done by the staff engaged in this chamber. I trust that the political fight in which we. are about to engage, and I believe that it augurs well for the party of which I am a member, whatever may be the result we shall still ho friends. I have a good deal of sympathy with the view expressed by Senator Rae> of whom I am personally very fond. I regard him as a sincere man, and although I disagree with the methods by which he would bring about a change, I realize that his utterances have at all times a ring of sincerity. I have always maintained that Labour can win out by abiding by the law. Even if a law be considered to be unjust, pressure may be brought upon the Government to amend it. I believe that in Australia we have the ‘ necessary constitutional machinery to give effect to the wishes of a majority of the people. I am afraid that it will be impossible for Australia to progress unless we are prepared to abide by the law whether it be of our own making, or that which has been placed on the statute-book by our political opponents. In Australia the people have the opportunity to express their wishes through the ballot-box, and in that way are able to return a government of the type they require. All that Senator Rae desires can be accomplished without struggle, disruption or revolution. Regardless of the Government which may be in power, I trust that this country will again reach a state of prosperity, and without spilling the blood of the Australian people.

Senator Sir HAL COLEBATCH (Western Australia) [5.23]. - I merely rise to ask the Leader of the Government in the Senate (Senator Barnes) if, in determining the date of the election, the Government has been influenced by, or appreciates the significance of, the fact that the 19th December is Ember Day?

Senator DUNN:
New South Wales

– On behalf of Senator Rae and myself, I desire to extend to you, sir, to the officers of the Senate, including the members of the reporting staff, our appreciation of the manner in which the work of this chamber has been carried out. Although I have at times come into conflict with you, sir, and may do so again in the future, I have done so only because there has been some difference of opinion between us with respect to the proper interpretation of the Standing Orders. When you have proved that I have been in the wrong, I have always been willing to apologize; but I think that there have been occasions when your ruling should have been tempered with mercy. It is not the wish of Senator Rae nor of myself to do anything detrimental to any citizen of this country; but the political fight in which we are about to engage is to be fought to a finish. We have no apology to make for the course which we have adopted. Neither do 1 wish to apologize in any way for the action which I took in opening the attack on the Treasurer (Mr. Theodore) or to withdraw a single word which I have uttered against him. The charges , which I made are already recorded in the reports of the official proceedings of this chamber. Having attended caucus meeting, Senator Rae and I, as representatives of New South Wales, which is the key State politically, realized that many of the cherished principles of Labour, which constitute the fighting plank of the Labour party’s platform, had been violated. That, however, is a matter which can be more appropriately discussed during the approaching campaign 1 have always found the Leader of the Government in the Senate (Senator Barnes) and the two Assistant Ministers, prompt iu supplying information required by our constituents iu Kew South Wales, and in giving that assistance which we sometimes required. In reply to Senator Dooley, may I say that we hare endeavoured always to fight the cause of the waterside workers, and they know that we would not take any action that would jeopardize their interests. They know where we stand and wc can readily answer any charge that may be made against us by our opponents. I wish you, sir, the members of the staff, honorable senators generally, and the press, the compliments of the season.

The PRESIDENT (Senator the Hon W Kingsmill:

– Before putting the motion, I wish to thank the Leader of the Government in the Senate (Senator Barnes), and other honorable senators for their kind wishes and for their appreciation of such service as I have been able to render. May I also he allowed to express thanks on behalf of those in this chamber who are always silent - I refer to the clerks at the table, and to the members of the Hansard staff. In doing so, I should like to place on record my high appreciation of the work they have done for our comfort, convenience, benefit and better being. I also thank , honorable senators for the consideration which they have extended to me. Speaking in my corporeal capacity, and without that ghost-like attribute which the Leader of the Senate ascribed to me, when he said that I sometimes rule with an iron hand, may I suggest that the iron was often extremely malleable when turned in his direction. I trust that honorable senators will have a particularly pleasant Christmas, and I repeat the hope which I expressed a little while ago, that, in the coming fight, now that the gage has been thrown down, the old wish of the herald, “May God defend the right “, will be fulfilled.

Question resolved in the affirmative.

Senate adjourned at 5.31 p.m. till a day and hour to be fixed by tlie President.

Cite as: Australia, Senate, Debates, 26 November 1931, viewed 22 October 2017, <http://historichansard.net/senate/1931/19311126_senate_12_132/>.